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Camana Bay, Cayman Islands (KY)

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Grand Cayman, Cayman Islands (KY)

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Caribbean IP
West Palm Beach, FL 33401, USA (US)

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Bermuda (BM)

Nov 08, 2023 (Newsletter Issue 9/23)
New Trade Marks Law Receives Royal Assent
On 17 October 2023, the Trade Marks Act 2023 and Trade Marks and Service Marks Regulations Amendment and Validation Act 2023 received royal assent.

The new law is based on that of the UK. It significantly modernises Bermuda's existing trade marks regime.

Key changes include:

- Removal of the graphical representation requirement for trademarks
- An increased term of initial registration from seven to 10 years
- A reduced renewal term from 14 years to 10 years
- The introduction of the 12th Edition of the Nice Classification of goods and services with retroactive effect from 1 January 2023
- The removal of the "split" Part A and B registration system
- Protection for collective and certification marks, and for well-known trade marks under Article 6bis of the Paris Convention.
- Claims to Paris Convention priority will be honoured as well as claims to priority from other relevant overseas applications.
- Access to International Applications in accordance with the Madrid Protocol upon Bermuda's accession.

Accompanying trade mark regulations, forms and fees are awaited to bring the legislation into full effect. For more details click here.


Feb 16, 2023 (Newsletter Issue 3/23)
New Trademark Law Drafted
On 9 December 2022, Bermuda's Minister of Tourism and Cabinet Office issued a ministerial statement that a new trademark law has been drafted to modernize the current law, which was enacted almost 50 years ago. The new law is modeled on UK’s trademark law and as such, the UK Intellectual Property Office will be invited to review the draft law in due course. The UK will also be asked to extend a number of international intellectual property treaties to Bermuda.

Among the proposed amendments is the accession to the Madrid Protocol to allow international registrations. Furthermore, the renewal periods for trademark registrations will be reduced from 14 to 10 years. In addition, the current Register divided into Parts A and B will likely be merged into a single register.

For further information, please contact the contributor here

Source: Ogier, Cayman Islands

Sep 06, 2018 (Newsletter Issue 15/18)
Official Fees Increased
On April 1, 2018, the Trade Marks Registry of Bermuda increased the official fees for trademark matters. Generally, the fees were raised by approximately 5 percent for matters including registration, renewal, and recordal of marks.

Source: Caribbean IP, USA

Legal basis is the Trade Marks Act 1974, as amended by the Trade Marks (Modification and Amendment) Act 1991, and the Trade Marks and Service Marks Regulations 1993.
Bermuda is not a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration, although there is some recognition of the first user of a mark.
Nice classification, 11th edition.
Registrable as a trademark are marks that are distinctive or are capable of distinguishing the goods or services of a proprietor from those of another proprietor. A mark includes a device, brand, heading, label, ticket, name, signature, word, letter numeral, or any combination thererof.
The following trademark types are registrable: trademarks and service marks.
The application is filed at the Registry General.
A separate application must be filed for each class.
Foreign applicants need a local agent.
A signed authorisation of agent form is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Bermuda is from 8-12 months.
The opposition period is two months from the publication date of the application.
Protection begins with the date of application. A trademark registration is valid for seven years from date of application. The registration is renewable for subsequent periods of 14 years.
Practical details on grace periods for trademark renewals are available in our publication here
Practical details on trademark use requirements are available in our publication here
The official trademark application fee is USD 256 for each class. The registration fee is USD 256 for each class.

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Practical details on trademark licensing are available in our publication here
Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:

     General Trademark Regulations
     Trademark Use Requirements
     Grace Period for Trademark Renewal
     Trademark Licensing

If you like to purchase all available information for this country, click the order button.
The total price is 49.00 EUR. A PDF-Download will be sent to you electronically.

SMD Group thanks the following law firms for their assictance in updating the information provided.

Mar 08, 2023
HSM IP Ltd., Grand Cayman, Cayman Islands  

Aug 12, 2022
Ogier, Camana Bay, Cayman Islands  


Sophie Peat

Sophie Peat
89 Nexus Way
KY1-9009 Camana Bay
Cayman Islands (KY)
Tel +1 345 949 9876
Fax +1 345 949 9877

Ogier is a law firm that gets straight to the point, managing complexity to get to the essentials. It is a collaborative approach. Our global network of offices covers every time zone.

Ogier’s IP team acts across the full spectrum of Intellectual Property rights, including brands and trade marks, copyright, industrial designs and patents, specialising in multi-jurisdictional IP clearance, prosecution, exploitation and enforcement.

Partner Sophie Peat spearheads Ogier’s global Intellectual Property (IP) group bringing over a decade of top tier international experience to her practice, which encompasses the clearance, prosecution, exploitation and enforcement of the full suite of IP rights, including brands and trade marks, copyright, industrial designs and patents, throughout the world. Sophie is widely recognised as a seasoned expert in IP protection across the Caribbean and in offshore financial centres, carefully guiding clients through this diverse and sometimes difficult to navigate terrain with her in-depth knowledge. Clients appreciate her proactive, comprehensive, and resolute approach.

Ogier is a member of the International Trademark Association (INTA) and MARQUES.


68 Fort Street, George Town
KY1-1207 Grand Cayman
Cayman Islands (KY)
Tel +1 345 949 4766
Fax +1 345 946 8825

HSM IP Ltd. provides worldwide intellectual property services. Based in the Cayman Islands and independently owned and operated, our experienced team of attorneys and paralegals deliver first class service to a broad client base which includes major Fortune Global 500 brand owners, international law firms and other specialist IP practices. Our broad perspective, practical approach and international experience allow us to offer clients a unique insight into IP issues internationally. The success and growth of our firm is due to our keen understanding of our clients’ needs for a comprehenisve “one-stop shop” which encompasses a wide range of services from the initial consultation process to searches, registrations, annuity payments and monitoring and renewals. We offer a competitive schedule of fixed fees, inclusive of both disbursements and official fees, which means we can provide clients with an accurate estimate of their project costs before embarking on a global filing programme for their portfolio. We have a wealth of knowledge and specialise in the Caribbean, Central and Latin America and other off shore jurisdictions. Our staff regularly contribute to leading IP publications and we also publish a range of country-specific IP Client Guides which are available on our website.

Caribbean IP

Katherine Van Deusen Hely

Katherine Van Deusen Hely
224 Datura Street, Suite 513
West Palm Beach, FL 33401
Tel + 1 561 283 1800

Caribbean IP is an intellectual property law firm focusing on trademark and other IP services across 26 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions, and enforcement matters in a time- and cost-efficient manner. Katherine founded Caribbean IP in 2014, after working for several years in another Caribbean-focused practice. She and her partner Patrick Hely and their team work with clients from around the world, including numerous Fortune 500 companies and top-ranked law firms. The Caribbean IP team has experience handling all aspects of trademark practice across the Caribbean region.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a Doctor of Jurisprudence from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, where she is currently serving as Vice Chair of the INTA Bulletins Committee. She regularly writes articles on trademark law developments in the Caribbean for INTA and other global publications.

The Registry General
Intellectual Property Department
Government Administration Building
4th floor
30 Parliament Street
Hamilton HM 12
Tel +1 441 297 5151
Fax +1 441 292 4568